LAWS(RAJ)-2006-8-87

STATE OF RAJASTHAN Vs. UNION OF INDIA

Decided On August 23, 2006
STATE OF RAJASTHAN Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard rival submissions.

(2.) The State of Rajasthan, petitioner herein, seeks to quash the order dated April 11, 1990 of the Central Government passed in Revision Application No. 2/20/25/87-MV whereby the petitioner was directed to grant prospecting licence to respondent-company for the area reserved by the petitioner for exploration and exploitation of SMS limestone. Operative part of the impugned order reads as under :

(3.) Since the State Government is the owner of mines and minerals and not an authority subordinate to the Central Government, if it is directed to issue mining lease in favour of respondent-Company, it has locus standi to challenge that order under Article 226 of the Constitution of India. (Vide State of Orissa v. Union of India 1995 (1) UJ (SC) 701.